CANYON LAKE: Liquor license to be suspended at councilman's restaurant

Ruling: 'Men of Magic' adult show crossed line for public welfare

A restaurant owned by Canyon Lake Councilman Martin Gibson will
have its beverage license suspended for 30 days as a result of a
male revue last year that a judge has ruled wasn't as innocent as
anticipated.

Pepe's Mexican Restaurant and Cantina, in Canyon Lake's Towne
Center, must give up its license for a month starting July 8,
according to a ruling issued by the California Department of
Alcoholic Beverage Control.

The penalty is in response to violations from March 5, 2009,
when the adult-oriented show "Seduction: The Exotic Men of Magic"
played at Pepe's. Despite assurances from Martin that the show
would not be lewd, it got out of hand to the point that an
alcoholic beverage control investigator had it shut down.

According to court findings, at one point performers were
simulating sex acts on a female patron and at another time a
customer was "simulatedly spanked."

Since the performance, Gibson has apologized and agreed that
there was more close contact than what was proposed before he
booked the show. He said he had talked to the promoter who told him
he was aware of the department's rules regarding adult
entertainment.

"We plead guilty on this," Gibson said. "It did get out of hand.
I thought the judge listened fairly, but I was disappointed with
the term of suspension."

According to court documents, the show's four male dancers
violated three department rules deemed contrary to public welfare
or morals. One prohibits simulating sex acts on stage; another
prohibits the encouragement of touching certain body parts; and the
third sets certain requirements in the stage layout for what is
thought to be adult entertainment.

"While the phrase 'adult business show' is fairly ambiguous, the
show in question seems to qualify as the type of show covered by
the condition," wrote Administrative Law Judge Matthew Ainley, who
conducted hearings on the case in December and February.

"Of course, the worst penalty is to revoke the license entirely,
but 30 days is pretty stiff," said John Carr, a spokesman for the
Department of Alcoholic Beverage Control.

The state was asking for a 35-day suspension, while Gibson
sought a 15-day period.

"It's going to hurt financially, but it just means that our
customers will have to eat their meals without a margarita," Gibson
said. "We hope they understand and will help us out."

He added that less than half of the restaurant's business comes
from the sale of alcohol and he probably would not appeal the
judge's ruling.

Still undecided, however, is a skirmish that Gibson is having
with the city over the Men of Magic show.

Gibson was reprimanded and fined $100 by the city for allegedly
violating restrictions on adult entertainment.

The councilman successfully appealed the reprimand, but the
council has decided to counter-appeal based on the results of the
Alcoholic Beverage Control hearing, said Canyon Lake City Attorney
Elizabeth Martyn.

Gibson also contends the city didn't keep up its part of an
agreement signed by him on the day before the show. He paid for a
Riverside County sheriff's deputy to monitor the show and to warn
the restaurant's management if it went too far. But that never
happened, he said. The alcoholic beverage inspector was also in the
audience and ordered the show to shut down shortly before 9
p.m.